BILL NO. 74

(as introduced)

2nd Session, 60th General Assembly
Nova Scotia
56 Elizabeth II, 2007

Private Member's Bill

Elections Act
(amended)

Stephen McNeil
Annapolis

First Reading: December 5, 2007

(Explanatory Note)

Second Reading:

Third Reading:

This Bill provides for a fixed date for general elections. The date would normally be the second Tuesday in October every fourth year starting October 12, 2010.

1 Chapter 140 of the Revised Statutes, 1989, the Elections Act, is amended by adding immediately after Section 10 the following Section:

10A (1) Nothing in this Section affects the powers of the Lieutenant Governor, including the power to dissolve the House of Assembly at the discretion of the Lieutenant Governor.

(2) Subject to subsections (3) and (4), and the powers of the Lieutenant Governor referred to in subsection (1), notwithstanding any other enactment, each general election must be held on the second Tuesday of October in the fourth calendar year following ordinary polling day for the most recent general election, with the first general election after this Section comes into force being held on Tuesday, October 12, 2010.

(3) Where a general election is held before October 12, 2010, the date for the following general election shall be set in accordance with subsection (2).

(4) Where the Chief Electoral Officer is of the opinion that a Tuesday that would otherwise be ordinary polling day is not suitable for that purpose, including by reason of it being in conflict with a day of cultural or religious significance or a federal or municipal election, the Chief Electoral Officer shall choose another day in accordance with subsection (5) and recommend to the Governor in Council that ordinary polling day be that other day, and the Governor in Council may make an order to that effect.

(5) For the purpose of subsection (4), the Chief Electoral Officer may choose as an alternative ordinary polling day one of the seven days following the Tuesday that would be ordinary polling day.

(6) In the case of a general election under subsection (2) or (3), an order must not be made under subsection (4) after August 1st in the year in which the general election is to be held.